Gavin Newsom
MAYOR

AGENDA
REGULAR MEETING

Tuesday, May 23, 2006
1:30 P.M.
City Hall, Room 400
1 Dr. Carlton B. Goodlett Place

COMMISSIONERS

The Honorable Richard Sklar, President
The Honorable Ryan L. Brooks, Vice President
The Honorable E. Dennis Normandy
The Honorable Ann Moller Caen
The Honorable Adam Werbach
 

DEPARTMENTS AND ENTERPRISES

Water Enterprise
Wastewater Enterprise
Power Enterprise
Infrastructure
Business Services
External Affairs

Susan Leal
GENERAL MANAGER

Mary Y. Jung
SECRETARY
 

Disability Access

The Public Utilities Commission meeting will be held in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA. The Commission meeting room is wheelchair accessible. The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street. Accessible MUNI lines serving this location are: #47 Van Ness, and #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro Stations at Van Ness and Market and at Civic Center. For information about MUNI accessible services call (415) 923-6142. There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.

The following services are available on request 48 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week: For American sign language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact Mary Y. Jung at (415) 554-3165 or our TTY at (415) 554-3488 to make arrangements for the accommodation. Late requests will be honored, if possible.

In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City accommodate these individuals. Individuals with chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-6060.

Know your rights under the Sunshine Ordinance
(Chapter 67 of the San Francisco Administrative Code)

Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force, City Hall, Room 409, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4683 at Phone No.: (415) 554-7724; Fax No.: (415) 554-7854; E-mail: sotf@sfgov.org. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City’s website at www.sfgov.org.

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code §2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site at www.sfgov.org/ethics.

ORDER OF BUSINESS:

1. Call to Order

2. Roll Call

3. Approval of Minutes

a) Minutes of the May 9, 2006, Regular Meeting

4. Public Comments

Members of the public may address the Commission on matters that are within the Commission’s jurisdiction and are not on today’s agenda.

5. Communications

6. Other Commission Business

7. Report of the General Manager

a) Water System Improvement Program (Irons)

b) San Francisco International Airport Solar Project (Hale)

c) State Legislative Update (Spanjian/Gilbert)

d) Emergency Response Plan: Regional Post-Disaster Service Restoration Project (Carlin)

e) Southeast Community Issues (Leal)

8. Bay Area Water Supply & Conservation Agency (BAWSCA) General Manager’s Report

a) BAWSCA Update

THE FOLLOWING MATTERS BEFORE THE PUBLIC UTILITIES COMMISSION ARE RECOMMENDED FOR ACTION AS STATED BY THE GENERAL MANAGER OF PUBLIC UTILITIES AND CITY ATTORNEY WHERE APPLICABLE.

Explanatory documents provided to the Commission in connection with this agenda are available for public inspection and copying at the office of the Commission Secretary, 1155 Market Street, 11th Floor, San Francisco, CA 94103, Telephone: (415) 554-3165, Fax: (415) 554-3424.

CONSENT CALENDAR

9. All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the San Francisco Public Utilities Commission, and will be acted upon by a single vote of the Commission. There will be no separate discussion of these items unless a member of the Commission or the public so requests, in which event the matter will be removed from the Consent Calendar and considered as a separate item.

a) Staff Recommendation: Accept work performed for Contract No. CW-317, South Van Ness Avenue/Belcher Street/Waller Street Sewer Replacement, with a total contract amount of $311,892 and authorize final payment of $52,804.50 to K.J. Woods Construction.

REGULAR BUSINESS

10. Discussion and possible action related to grant funds from the Pre-Disaster Mitigation Program for Contract No. 2507, Bay Division Pipelines Nos. 3 & 4. (Irons)

Staff Recommendation: Authorize the General Manager of Public Utilities to request permission from the Board of Supervisors to accept and expend grant funds totaling $2,999,109 from the FY2005 Pre-Disaster Mitigation Program of the Federal Emergency Management Agency, as administered by its agent, the Governor’s Office of Emergency Services of the State of California with required local matching funds of $749,778 from the Water Enterprise Water System Improvement Program for Contract No. WD-2507, Bay Division Pipelines Nos. 3 & 4 Crossover/Isolation Valves at the Hayward Fault Crossing, and to execute all required documents.

11. Discussion and possible action related to Contract No. WD-2464, Baylands Recovery Program. (Elwin)

Staff Recommendation: Authorize the General Manager of Public Utilities to request that the Controller approve an additional spending authority of $2,200,000 of Project funds for Water Enterprise Capital Program Budget-funded Contract No. WD-2464, Baylands Recovery Program: Phase 2 Salt Pond and Levee Remedial Action, with Pacific States Environmental Contractors, Inc.; authorize the General Manager to negotiate and execute contract modifications up to an amount not to exceed $2,200,000 (including the currently requested Modification No. 1); and approve Modification No. 1 to Contract No. WD-2464 for $121,452.06.

12. Discussion and possible action related to the Interim Utility Resource Adequacy Plan. (Hale)

Staff Recommendation: Approve the Interim Utility Resource Adequacy Plan to reconfirm the San Francisco Public Utility Commission’s commitment to providing reliable electric service at reasonable prices; the SFPUC Power Enterprise incorporating the guidance contained in the Interim Utility Resource Adequacy Plan in its operation and in the development of its power purchasing strategies; and the SFPUC Power Enterprise revising and updating this plan as appropriate to reflect changing conditions in order to continue to ensure reliable service.

CONSTRUCTION CONTRACTS

Award

13. Discussion and possible action related to Contract No. WD-2474, Sunol and Niles Dam Removals. (Palacios)

Staff Recommendation: Award Water Enterprise revenue-funded Contract No. WD-2474 in the amount of $1,129,800, to NTK Construction.

PROFESSIONAL SERVICE CONTRACTS

Award

14. Discussion and possible action related to Agreement No. CS-809, Environmental Analysis Services, San Joaquin Regional Water Quality Improvement Projects. (Torrey)

Staff Recommendation: Award Professional Services Agreement No. CS-809 to SRT to provide specialized environmental services, funded under the Water System Improvement Program, and authorize the General Manager of Public Utilities to execute said agreement for an amount not to exceed $800,000, and with a duration of 36-months.

CLOSED SESSION

15. Public comments on matters to be discussed in Closed Session.

16. Motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.

THE PUBLIC UTILITIES COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS:

17. Threat to Public Services or Facilities – Pursuant to California Government Code Section 54957 and San Francisco Administrative Code Section 67.10(a). (Mueller)

Consultation with: Agency Chief of Security concerning security of SFPUC Water and Power Systems.

18. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company v. City and County of San Francisco; U.S. Bankruptcy Court, Northern District of California, Case No. 01-30923-DM; Filed June, 2004.

19. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company Federal Energy Regulatory Commission, Docket No. ER05-1190-000; Filed July 1, 2005. 20. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company Federal Energy Regulatory Commission, Docket No. ER00-565-018, et al.; Filed November 1999.

21. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Mueller)

Existing Litigation: Pacific Gas and Electric Company v. City and County of San Francisco; Federal Energy Regulatory Commission, Docket No. EL05-133-000; Filed June 29, 2005.

22. Conference with Legal Counsel - Pursuant to California Government Code Section 54954.5(c) and Administrative Code Section 67.83(3). (Wong)

Anticipated Litigation: City as Plaintiff 

23. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Mueller)

Existing Litigation: Annalis M. Hernandez Case No. 06-01473, Filed December 19, 2005

24. Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d). (Mueller)

Existing Litigation: Sayura and William Preder Case No. 06-02252

FOLLOWING THE CLOSED SESSION, THE PUBLIC UTILITIES COMMISSION WILL RECONVENE IN OPEN SESSION.

25. Announcement following Closed Session.

26. Motion regarding whether to disclose the discussions during Closed Session.

ADJOURNMENT

ADDENDUM TO PUC AGENDA

Tuesday, May 23, 2006
1:30 P.M.
City Hall, Room 400
1 Dr. Carlton B. Goodlett Place

CLOSED SESSION

27. Conference with Real Property Negotiator - Pursuant to California Government Code Section 54956.8 and San Francisco Administrative Code Section 67.8(a)(2).

Property:  Sunol Valley Aggregate Quarry (surface mining permit 30)  
Under Negotiation:  Terms and conditions of lease and operation of Sunol Valley Aggregate Quarry and to give direction to staff  regarding lease and operation.